Got a License?

Sooo... An interesting story in the news here yesterday and today.

A 9-year old was operating a Cat SkidSteer moving snow in the family driveway. This is a privately owned piece of equipment (i.e. not a business) used on private property. In clearing his driveway, his 12-year old brother slipped and fell and the 9-year old apparently ran him over. The older boy was med-flighted to Boston and is in serious condition.

In reading the story they mentioned that, in MA, you are required to have a regular driver's license and a hoisting license to operate this equipment. In looking further, I found a MA State FAQ on the hoisting license:

2. Q: What activities are covered under the hoisting regulations?

A: The regulations, appearing in 520 CMR 6.00, apply to any Hoisting Machinery that has the minimum capability of hoisting the load higher than 10 feet or that has the capability of lifting loads greater than 500 pounds or if the capacity of the bucket exceeds 1/4 cubic yard capacity. See 520 CMR 6.01.

3. Q: Who must have a hoisting operator's license?

A: M.G.L. c. 146 § 53 states that anyone who will operate derricks, cableways, machinery used for discharging Cargoes, and temporary elevator cars used on excavation work or used for hoisting building material, when the motive power to operate such machinery is mechanical and other than steam, including but not limited to excavators, backhoes, front end loaders, uniloaders, skid loader, skid steer loaders, compact loaders or similar devices, lattice cranes, derricks, cranes with or without wire rope; all Fork Lifts, powered industrial lift trucks, overhead hoists (underhung), overhead cranes, underhung cranes, monorail cranes, lifting devices, cableways, and powered platforms, must hold a license from the Department.

In reading that, it appears that CUTs would also require a license. The lifting capacity on mine is more than 500 lbs.

There is an exemption to the law if the equipment is used exclusively for agricultural purposes but I'm not sure how the State views general use on private property (i.e. yard work not on a farm). So, as silly as it seems, I guess I need to get one.

Just curious if any other States have similar requirements and if anyone from a State that does require a license actually has one.

I would guess that the law is over broad and would not hold up-to a challenge in Supreme Court of MA. If there is no way to license a 9 year old than they have a good fight. Depending on the licensing requirements a private owner may also have a good case.

A 9-year old was operating a Cat SkidSteer moving snow in the family driveway. This is a privately owned piece of equipment (i.e. not a business) used on private property. In clearing his driveway, his 12-year old brother slipped and fell and the 9-year old apparently ran him over. The older boy was med-flighted to Boston and is in serious condition.

In reading the story they mentioned that, in MA, you are required to have a regular driver's license and a hoisting license to operate this equipment. In looking further, I found a MA State FAQ on the hoisting license:

In reading that, it appears that CUTs would also require a license. The lifting capacity on mine is more than 500 lbs.

There is an exemption to the law if the equipment is used exclusively for agricultural purposes but I'm not sure how the State views general use on private property (i.e. yard work not on a farm). So, as silly as it seems, I guess I need to get one.

Just curious if any other States have similar requirements and if anyone from a State that does require a license actually has one.

Regarding this unfortunate accident & the instant knee jerk reaction to issuing licenses for equipment operation, hoisting, etc. on private property, in way will prevent a similar occurrence. The only thing it would ad to is another tax on private citizens, a further restriction of personal freedoms, and the windfall profits from the issuing of fines. I am sure the liberal minded will insist that this is needed in order to protect us from ourselves because the politicians see us as being too stupid to manage our own affairs.

Now let me ask this- Whatever has happened to parental responsibility? Why where these kids operating this equipment to begin with? Why must we now require licensing due to the actions of parental morons. Maybe these kid should not be in the house with the so called parents or guardians. Having grand children of my own I feel for these kids. But come on now. If anyone subscribes to the theory that a piece of paper is going to give someone a brain & stop the stupid stuff, well then should I say that's plain "stupid". Maybe one day we will realize we need to be responsible for ourselves & our actions & stop empowering these two bit liberals who could not care less beyond the fees they can collect & the further reduction of your freedom & independence. I see jackass behavior all the time, but I would never suggest we issue a license for it. This is just my very own .02 on the subject. Wishing a great outcome for that kid & his brother.

Regarding this unfortunate accident & the instant knee jerk reaction to issuing licenses for equipment operation, hoisting, etc. on private property, in way will prevent a similar occurrence. The only thing it would ad to is another tax on private citizens, a further restriction of personal freedoms, and the windfall profits from the issuing of fines. I am sure the liberal minded will insist that this is needed in order to protect us from ourselves because the politicians see us as being too stupid to manage our own affairs.